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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 12/17/1979 Kent, Washington December 17, 1979 Regular meeting of the Kent City Council was called to order at 7:00 p.m. by Council President Carey in the absence of Mayor Hogan. Present: Bailey, Carey, B. Jbhnson, J. Johnson, Masters, McCaughan and Mooney, City Administrator Cushing, City Attorney Mirk, Planning Director Harris and Acting Public Works Director Wickstrom. Also present: Personnel Director Webby, Parks Director Wilson, Police Chief Skewes, City Treasurer Drotz, and URS repre- sentative Abed. The Council retired to executive session and reconvened at 8 :15 p.m. COUNCIL The oath of office was administered by the City Clerk to newly elected councilpersons Bailey, Carey, -B. Johnson and Mooney for 4-year terms commencing January, 1980. CONSENT J. JOHNSON MOVED to approve the consent calendar CALENDAR items A through M with the exception of E and J which will be considered as separate items as requested by Masters and McCaughan respectively. Mooney seconded, motion carried. MINUTES (CONSENT CALENDAR ITEM 5A) APPROVAL of the minutes of the regular meeting of December 3, 1979 . GRAFF On July 16, 1979 the Council held a public hearing REZONE to consider the Graff application for a rezone from R-1 to MR-M. The property is west of 116th Avenue S.E. approximately 350 feet S. of S.E. 256th and consists of 4.11 acres. The Council voted to deny the rezone. On December 3, 1979 the Council took action which set this meeting date for a hearing to reconsider the action taken on July 16 due to the adoption of the East Hill Plan amendments. Harris noted that this 4.11 acre parcel is located on the west side of 116th Avenue S.E. approximately 350 ' S. of S .E. 256th. Carey opened the public hearing. - 1 - December 17, 1979 GRAFF Bob Evans, representing the Graffs, noted that the REZONE Council had approved amendments to the East Hill Plan on November 19 and that reconsideration of this rezone was based upon the new amendments. Dick Gilbert stated that the traffic situation in the area was extremely congested now, and that the amendments to the East Hill Plan did not change any zoning. He submitted two letters to the Clerk. The letter from G. L. Dansenbura, Jr. of 25737 116th Avenue S.E. was read, noting objections to further development in this area citing the traffic problem, overcrowding of schools, inadequate water supply, and insufficient public transportation. The letter was made a part of the record by motion. The second letter, from George Dansenburg, Sr. of 1256 Weiland was also read, objecting to the proposed con- dominiums up the hill from his Weiland Street resi- dence. Mirk noted that the condos in question had noting to do with the Graff rezone, and that the letter should not be filed as part of this hearing. Evans noted that plans for this development had _ started in July but that due to the change in the financial situation for building, the plans may have to be changed. He clarified for Masters that there were now no definite plans for construction. Wickstrom pointed out that the Public Works Depart- ment had recommended certain street improvements to the Planning Commission if the rezone was passed. There were no further comments from the audience and the public hearing was closed by motion. McCAUGHAN MOVED to rezone the property to MRM with the recommendation of the Planning Department to be included, B. Johnson seconded. Carey noted that as he was a resident of the area, he would abstain from voting. Harris clarified that the Engineer's recommendation was as follows: Improve the west half of 116th Avenue as measured from the centerline of the existing pavement to 18 ' wide with asphalt concrete pavement and cement con- crete curb and gutter and cement concrete sidewalk with detailed plans to be submitted to the Engineer- ing Department for review and approval. - 2 - _ December 17, 1979 GRAFF J. Johnson and Mooney spoke against the rezone, REZONE noting the traffic congestion in the area. B. Johnson noted also the water problem in the area. Motion failed with only Masters and McCaughan supporting it. PLANNING (ITEM 5E, REMOVED FROM CONSENT CALENDAR) COMMISSION This item is for approval of the Mayor's appoint- ment of Helen Brooks to the Planning Commission. Masters suggested that the Council should have the opportunity to consider more than one applicant for appointment. Mooney concurred, and noted that appointees should have some knowledge of utilities and transportation and that Ms. Brooks' letter had given no indication of this knowledge or experience. J. Johnson disagreed, noting that he had had no experience when he was appointed to the Planning Commission and noted further that the Mayor had submitted a list of names. Carey noted that since we have started the hearing examiner system that the work of the Planning Commissioners would be changed considerably and perhaps background would _ not be so important. He suggested that the Council could elect to interview prospective can- didates for appointment. McCaughan noted that three other terms on the Planning Commission would be due for reappointment or replacement next month and that there were several qualified people inte- rested in serving. MASTERS MOVED to delay the appointment until after the Council could interview the applicant, Bailey seconded. It was determined that the interview would take place at the workshop of January 14 and the matter acted upon at the meet- ing of January 21. Motion carried with J. Johnson voting nay. ROWLEY #2 Ordinance 2194, zoning the Rowley #2 Annexation as ANNEXATION MRM zone, with certain conditions, was passed by the Council on December 3, 1979. The ordinance was subsequently vetoed by Mayor Hogan on December 6th. A copy of the veto message has been forwarded to the Council and has been officially filed with the City Clerk. B. JOHNSON MOVED to pass Ordinance 2194 over the Mayors veto, McCaughan seconded. Motion carried unanimously. - 3 - December 17, 1979 ROWLEY #3 (CONSENT CALENDAR ITEM 5G) ANNEXATION A 10% notice of intention to circulate an annexation petition has been received and certified as suffici- ent. A meeting with the initiators is scheduled for the workshop meeting of January 14, 1979. HEALTH & (ITEM 5J, REMOVED FROM CONSENT CALENDAR) SANITATION P-I Channel Property Acquisition. At the December 10, 1979 Council workshop the pending lawsuit re- garding the property located south of 218th and adjacent to SR 167 (west side) was discussed along with the available options. It was noted that financing could come from either the West Meeker Street project or the 212th Street and SR 167 interchange project. The majority of the Council members present recommended that staff proceed with the acquisition of the property. Upon McCaughan's question, Mirk clarified that the City had no choice, they must either buy the pro- perty or issue a building permit for it. It was noted that there would be other such instances and Cushing suggested that these must be considered on a case by case basis. He pointed out that the Public Works Department had explored the alternatives and waiting would be more expensive. He noted that if, for some reason, the P channel wasn't built, the property could be sold. He stated further that as we get into the overall drainage program it is possible that a certain amount of money could be set aside for a situation such as this for acquisi- tion and that if the channel was not built the pro- perty would be an asset to the city. Upon Carey's question, Mirk noted that this was an unusual situation and the only one which could not be worked out with the owner and that the property is only 132 ' wide. It was determined that the route of the proposed channel could not be changed. Carey suggested that we find out how many other properties fall into this category. Mirk noted for McCaughan that the Council would be kept advised of the pro- ceeds of the purchase. McCAUGHAN MOVED to allow the staff to proceed with negotiations. Masters seconded. Motion carried. 4 - December 19, 1979 HEALTH & (CONSENT CALENDAR ITEM 5M) SANITATION LID 296. Adoption of Ordinance 2197 creating LID 296 for which the public hearing was conducted on December 3, 1979. East Side Watershed Project. King County, the Green River Flood Control Zone District, the cities of Auburn, Kent, Renton and Tukwila, and the King County Conservation District are local sponsors of the East Side Watershed Project as authorized under Public Law 566. A resolution is requested for the above sponsors to enter into an interlocal agreement to further their objectives for timely implementation of drainage and flood control improvements in the Green River Valley. J. JOHNSON MOVED to adopt Resolution 882 to author- ize the Mayor of Kent to enter into agreements with the U.S . Soil Conservation Service and other local sponsors related to drainage and flood control improvements in the Green River V#13ey.•. Bailey seconded. Motion carried. Woodland Way. The City Clerk not �p of letters from Ron Anderson, Diane Drake, President of the PTA for Scenic Hill School, and Rudy Onstad, Principal of Scenic Hill School, along with a peti- tion containing 50 signatures asking that permission be given to property owners along Woodland Way to tile and fill the open ditches. MASTERS MOVED to accept the material and to refer the matter to the Public Works Committee, Mooney seconded. Motion carried. STREETS Proposed LID. A petition has been received, signed by three property owners, asking that the City initiate the improvement of Smith Street from 4th Avenue North to Sixth Avenue North. MASTERS MOVED to accept the petition and to refer it to the Public Works Committee, B. Johnson seconded. Motion carried. 5 - December 17, 1979 VALLEY Harris noted that KCM had delivered to the Council STUDIES copies of "Valley Development Guidelines" dated December 12th and suggested that the Council would now want to have the Planning Commission become involved. He noted that Pete Marshall was present to answer questions concerning the report. Carey UPLANDS noted receipt of a letter from Uplands asking to be allowed to commence preliminary engineering studies and site planning on a portion of the re- zoned property. Carey and Harris concurred that this could not be done until the studies were com- plete. MASTERS MOVED to make the Uplands letter a part of the record. B. Johnson seconded, motion carried. Upon McCaughan's question, Dave Uhrich stated that Sears wanted to start with design work now and that each day of delay was costly to them. It was pointed out that staff could not proceed with any kind of development until the Valley Studies guide- lines have been completed and reviewed. Marshall CORRECTED - REFER TO noted that the studies should be complete by mid - _ January with the exception of the transportation MINUTES OF study, which should be finished by the end of January and which could be important to this develop- ment. He noted that site design would have to be tentative with the understanding that some changes might have to be made when the reports were complete. Uhrich proposed that as long as Sears was abiding by the rules set down by the consultants, that the city could issue the permits now. Mirk noted that the approval of the rezone was based upon Uplands' acceptance of the recommendations of the studies and that Uplands was aware of the time span allowed for the studies. It was determined that the city would not grant permits until the plans submitted by the consultants were adopted by the City. PARKS (CONSENT CALENDAR ITEM 5D) Kent Commons Playfield Change Order. The Parks Department and ORB Organization recommend approval of Change Order #1, which will increase Sun-Up Con- structions ' s contract by $819 .00. The Change Order is for removal of 60 ft. section of unsuitable sub- base and to provide 40 cubic yards of lh" crushed rock to fill excavated area. 6 - - December 17, 1979 PARKS Kent Commons Depository Safe Bid. On December 3, 1979, at 10:00 a.m. , bids were opened for a deposi- tory safe for the Kent Commons. Two bids were re- ceived: Allied Safe & Vault Company $2,069.15 , Security Safe & Lock Company 2,193.40 The Parks Department recommends that the best bid of $2,069.15 from Allied Safe & Vault Company be accepted. B. JOHNSON MOVED that the bid be awarded to Allied Safe & Vault Company, McCaughan seconded. Motion carried. Kent Commons Bleacher Bids. On December 5, 197-9, at 3: 00 p.m. bids were opened for bleachers for the Kent Commons. Two bids were received: Vanco Recreation, Inc. $1,482.62 Athletic Supply Company 1,658.48 The Parks Department recommends that the best bid - of $1,482. 62 from Vanco Recreation, Inc. , be accepted. B. JOHNSON MOVED to accept the Vanco bid, Mooney seconded. Motion carried. BUDGET .(CONSENT CALENDAR ITEM 5F) Budget Ordinance. Approval of Ordinance 2195 adopt- ing the City s 1980 budget as presented on December 3, 1979. (CONSENT CALENDAR ITEM 5L) 1979 Budget Transfers for 2nd and 3rd Quarters. Adoption of Ordinance 2196 approving transfers and adjustments to the 1979 budget for the 2nd and -3rd quarters. HEALTH (CONSENT CALENDAR ITEM 5K) SERVICES Authorization for the Mayor to sign the contract with Seattle/King County for health services for 1980, as approved by the City Attorney. 7 - December 17, 1979 - WATER (CONSENT CALENDAR ITEM 5H) 1978 Water Main Improvements. As recommended by the Engineering Department, the Di Orio Construc- tion contract for the water mains project is accepted as complete. (CONSENT CALENDAR ITEM 5I) Seattle/Kent Intertie. In accordance with the re- commendation of the Public Works Committee the URS fee proposal -for the design and survey work for the Seattle/Kent Intertie is accepted. The fee will be based on time and expense and is estimated to be $22,200 for design and $10,200 for survey. POLICE (CONSENT CALENDAR ITEM 5C) Agreement for Law and Justice Planning and. the dis- tribution of funds. Due to a change in Federal Law a new agreement between King County and the City of Kent must be approved. AUTHORIZATION for the new agreement which provides for the obtaining of Law and Justice Grant Funds from King County where in the past these funds were obtained through the State of Washington. FIRE Bonds. The City Attorney recommended passage of DEPARTMENT Ordinance No. 2198, prepared by bond counsel, Jim Gay, providing for issuance of $450, 000 par value of "Unlimited Tax General Obligation Bonds, 1980. " It was noted that the bonds had been approved by the voters on November 6, 1979 for the purpose of acquiring additional fire fighting equipment. MOONEY MOVED to adopt Ordinance 2198 , Masters seconded. Motion carried. APPEAL Fiberchem, Inc. The Clerk noted that Fiberchem, Inc. has filed an appeal to the November 30, 1979 Hearing Examiner 's decision to deny a Conditional Use Permit in an MR-3 zone. Upon Mirk's recommenda- tion, MASTERS MOVED for a hearing to be held on the matter at the January 21, 1980 Council meeting. Mooney seconded. Motion carried. Mirk noted that he would review this new procedure with the Council at the workshop of January 14, 1980. LOWER MILL Detention Facility & Earthworks. Wickstrom noted CREEK that he had distributed a schedule, estimate and 8 - December 17, 1979 LOWER MILL financial summary for the water detention facility. CREEK He noted that the project would be one year under construction, starting in August, 1980, with design work completed by May 1, 1980 . He noted that the least expensive route would be to have a con- tractor commit to the full project so as to avoid further inflation. The total cost would be in the range of $605,000 for the entire project, including the earthworks,plus additional funds of $77,830, of which $10,000 is the increase on the Bayer package. He advised that the design be approved now, for either the basic project, or for the en- tire project including the earthworks. Masters concurred that the design should be authorized, but without the earthworks portion. Wilson stated that the canyon was supposed to be developed in a park-like setting and that $50,000 was allowed for landscaping. He suggested that this amount be added to funds collected by the Arts Commission, and used for the earthworks . Jess Abed clarified that the $53,000 was earmarked for the bridge and slope treatment as part of the basic contract. B. Johnson noted that part of the earthworks project on S. 216 had slipped downhill due to the recent heavy rains, noting that the trees had been removed to make way for the sculpture. Wilson commented that the grass had not been planted long enough to prevent the erosion. J. Johnson spoke in favor of going ahead with both projects. Carolyn Wiley stated that $48,000 had been pledged to the Arts Commission for the earth- works and that additional funds would be available after the city commits to the prject. Wickstrom clarified for Bailey that $143,000 was needed to include the earthworks project, and concurred with Abed that the $53,000 was not for landscaping, but for the bridge and slope treatment in the basic contract. Don and Marie Crew and Laurel Whitehurst spoke in favor of including the earthworks. Upon McCaughan's question, Wickstrom noted that what he proposed was one contract, but that the earthworks portion could 9 - December 17, 1979 LOWER MILL be made a separate contract. He concurred that CREEK some of the expense could be time-phased into the 1981 budget since the project would be over a year under construction. Mooney commented on the overall need for a solution to the drainage problems for the entire valley, noting that drainage from the hillsides eventually ends up in the valley. Wick- strom noted that $425,000 was already included in the 1980 budget for this project and the balance of the funds could come from the 1981 budget, allowing time for the Arts Commission to seek addi- tional funds. Cushing noted that the city could investigate the possibility of a drainage utility project, which could help to defray the expense of a project such as this. He also pointed out that the Council would not be committed until time to award the bids in August, at which time the consideration could be given as to the amount the Arts Commission had on hand at that time, and whether a drainage utility was feasible. Mooney commented on the work schedule noting that drainage work scheduled for winter months would be delayed. Abed noted that time allowances had been made for inclement weather. MOONEY MOVED to have the engineer proceed with the design for the project including the earthworks , with further review in August. B. Johnson seconded. Upon Masters ' question, Wickstrom clarified that including the earthworks in the design would cost $15, 000, and that it would not come from the general fund, but that it could be deferred to the 1981 budget. Motion carried. FINANCE Salaries. B. JOHNSON MOVED that the salaries for employees not represented by a bargaining unit be increased by 8% effective January 1, 1980 and that the Council reserves the right to further increase the salaries for this group retroactive to January lst in the event that the salaries for those repre- sented by a bargaining group are increased more than 8%. McCaughan seconded, motion carried. (CONSENT CALENDAR ITEM 5B) Approval of Bills. APPROVAL of payment of bills received through December 19 after approval of the Finance Committee at its meeting to be held at 3:00 p.m. on December 31, 1979 . - 10 - December 17, 1979 FINANCE Claims approved by the Finance Committee at its December 14, 1979 meeting are as follows: Current Expense 84,431.17 Parks & Recreation 15,735.34 Library 96,617.62 City Streets 10,907.37 Kent Commons Oprtg Fund 2,832.20 Fed Shared Revenue 414.47 So. 180th WVH - EVH 994. 34 Knt Comm - Ph II Con 150,521.74 UAB 13 - 84 Av S Con 261,887.28 Knt-Kngly Rd Imp 18,845.00 Chic/Milw RR Xings 58.07 1978 Wtr Rev Const Fund 1,176.20 W-H Reservoir Const Fund 17 .90 Equipment Rental 8 ,807.25 Emp. Retirement 767.79 Housing & Comm Dev 721. 73 Workmen's Comp 346.22 Firemen's Rel & Pen 37. 88 LEFF Disability 4,853.74 LID #283 8,483.02 LID #286 625.96 LID #287 3,476.00 Sewer 56,339.50 Water 28,752. 64 Garbage 97,104. 70 $854,755.13 Interest Bearing Warrants LID #283 Behar, Cohen Magnuson, Metz Paula J. Morgan Tallackson, Due $ 8,483.02 LID #286 Burlington Northern $ 625.96 LID #287 Westingconsul $ 3,476.00 - 11 - December 17, 1979 ADJOURNMENT J. JOHNSON MOVED to adjourn the meeting at 10:45 o'clock p.m. , B. Johnson seconded. Motion carried. Marie Jen n, CMC City Clerk NOTE: Workshops have not been scheduled for the Mondays of December 24 or December 31. The next Council meeting is January 7 at 8:00 p.m. The next regular workshop will be January 14 at 7:00 p.m. unless staff is advised otherwise. - 12 -